Fortune-Ozoike v Wal-Mart: A Missed Compartment Syndrome and a Preventable Amputation
A missed diagnosis of compartment syndrome cost a patient her leg. The trial judge found the ER physician breached the standard of care.
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Salamaszynski v Michael Garron Hospital: Litigation Privilege Holds Despite a Late-Emerging Recollection
A plaintiffs’ motion to pierce litigation privilege over expert communications fails despite real credibility concerns about a defendant doctor’s evidence.
Signs of Medical Malpractice in Ontario: What Patients Should Watch For
Most bad outcomes in medicine are not malpractice. After two decades of these cases in Ontario, here are the signs worth taking seriously.
Teaching Medical Malpractice at Windsor Law
The essential evidence required to prove a medical malpractice claim in Ontario. From a 2023 guest lecture at the University of Windsor Faculty of Law.
Tales from the Trenches: Two Medical Malpractice Trials in 2022
Reflections on two medical malpractice trials in post-COVID Ontario, one jury and one judge-alone. From Gluckstein’s 2022 Risky Business CLE.
Medication Errors in Malpractice Cases: Inside Medical Malpractice Podcast with Chris Rokosh
On Inside Medical Malpractice with Chris Rokosh: medication errors as Never Events, the 10 rights of medication administration, and what they mean in litigation.
A Bimalleolar Ankle Fracture, Lost to Follow-up, and a Below-Knee Amputation
A settlement involving a 65-year-old man whose ankle fracture went 40 days without orthopedic follow-up, leading to joint infection and below-knee amputation.
Literature, Medicine and the Law at a Medical Malpractice Trial
Where literature, medicine, and the law intersect at a medical malpractice trial in Ontario. From a 2022 OTLA medical malpractice conference panel.
Waivers: How Enforceable Are They?
Paul Cahill’s Summer 2022 article in OTLA’s Litigator on the enforceability of waivers in personal injury actions, with a detailed analysis of Arksey v Sky Zone Toronto.